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[109th Congress Public Law 91]
[From the U.S. Government Printing Office]

[DOCID: f:publ091.109]

[[Page 119 STAT. 2091]]

Public Law 109-91
109th Congress

                                 An Act

 
   To extend medicare cost-sharing for qualifying individuals through 
   September 2007, to extend transitional medical assistance and the 
   program for abstinence education through December 2005, to provide 
  unemployment relief for States and individuals affected by Hurricane 
Katrina, and for other purposes. <<NOTE: Oct. 20, 2005 -  [H.R. 3971]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: QI, TMA, and Abstinence 
Programs Extension and Hurricane Katrina Unemployment Relief Act of 
2005.>> assembled,

SECTION 1. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.

    This Act may be cited as the ``QI, TMA, and Abstinence Programs 
Extension and Hurricane Katrina Unemployment Relief Act of 2005''.

                       TITLE I--HEALTH PROVISIONS

SEC. 101. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PROGRAM.

    (a) Through September 2007.--Section 1902(a)(10)(E)(iv) of the 
Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by 
striking ``September 2005'' and inserting ``September 2007''.
    (b) Extending Total Amount Available for Allocation.--Section 
1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (B);
                    (B) by striking the period at the end of 
                subparagraph (C) and inserting a semicolon; and
                    (C) by adding at the end the following new 
                subparagraphs:
                    ``(D) for the period that begins on October 1, 2005, 
                and ends on December 31, 2005, the total allocation 
                amount is $100,000,000;
                    ``(E) for the period that begins on January 1, 2006, 
                and ends on September 30, 2006, the total allocation 
                amount is $300,000,000;
                    ``(F) for the period that begins on October 1, 2006, 
                and ends on December 31, 2006, the total allocation 
                amount is $100,000,000; and
                    ``(G) for the period that begins on January 1, 2007, 
                and ends on September 30, 2007, the total allocation 
                amount is $300,000,000.''; and
            (2) in paragraph (3), in the matter preceding subparagraph 
        (A), by inserting ``, (D), or (F)'' after ``subparagraph (B)''.

    (c) Effective Date.--The <<NOTE: 42 USC 1396a note.>> amendments 
made by this section shall be effective as of September 30, 2005.

[[Page 119 STAT. 2092]]

SEC. 102. <<NOTE: Effective date.>> EXTENSION OF TRANSITIONAL MEDICAL 
            ASSISTANCE (TMA) AND ABSTINENCE EDUCATION PROGRAM.

    Effective as if enacted on September 30, 2005, activities authorized 
by sections 510 and 1925 of the Social Security Act shall continue 
through December 31, 2005, in the manner authorized for fiscal year 
2005, notwithstanding section 1902(e)(1)(A) of such Act, and out of any 
money in the Treasury of the United States not otherwise appropriated, 
there are hereby appropriated such sums as may be necessary for such 
purpose. Grants and payments may be made pursuant to this authority 
through the first quarter of fiscal year 2006 at the level provided for 
such activities through the first quarter of fiscal year 2005.

SEC. 103. ELIMINATION OF MEDICARE COVERAGE OF DRUGS USED FOR TREATMENT 
            OF SEXUAL OR ERECTILE DYSFUNCTION.

    (a) In General.--Section 1860D-2(e)(2)(A) of the Social Security Act 
(42 U.S.C. 1395w-102(e)(2)(A)) is amended--
            (1) by striking the period at the end and inserting ``, as 
        such sections were in effect on the date of the enactment of 
        this part.''; and
            (2) by adding at the end the following: ``Such term also 
        does not include a drug when used for the treatment of sexual or 
        erectile dysfunction, unless such drug were used to treat a 
        condition, other than sexual or erectile dysfunction, for which 
        the drug has been approved by the Food and Drug 
        Administration.''.

    (b) Construction.--Nothing <<NOTE: 42 USC 1395w-102 note.>> in this 
section shall be construed as preventing a prescription drug plan or an 
MA-PD plan from providing coverage of drugs for the treatment of sexual 
or erectile dysfunction as supplemental prescription drug coverage under 
section 1860D-2(a)(2)(A)(ii) of the Social Security Act (42 U.S.C. 
1395w-102(a)(2)(A)(ii)).

    (c) Effective Dates.--The <<NOTE: 42 USC 1395w-102 note.>> amendment 
made by subsection (a)(1) shall take effect as if included in the 
enactment of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (Public Law 108-173) and the amendment made by 
subsection (a)(2) shall apply to coverage for drugs dispensed on or 
after January 1, 2007.

SEC. 104. ELIMINATION OF MEDICAID COVERAGE OF DRUGS USED FOR TREATMENT 
            OF SEXUAL OR ERECTILE DYSFUNCTION.

    (a) In General.--Section 1927(d)(2) of the Social Security Act (42 
U.S.C. 1396r-8(d)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(K) Agents when used for the treatment of sexual 
                or erectile dysfunction, unless such agents are used to 
                treat a condition, other than sexual or erectile 
                dysfunction, for which the agents have been approved by 
                the Food and Drug Administration.''.

    (b) Elimination of Federal Payment Under Medicaid Program.--Section 
1903(i) of such Act (42 U.S.C. 1396b(i)) is amended--
            (1) by striking ``or'' at the end of paragraph (19);
            (2) by striking the period at the end of paragraph (20) and 
        inserting ``; or''; and

[[Page 119 STAT. 2093]]

            (3) by inserting after paragraph (20) the following new 
        paragraph:
            ``(21) with respect to amounts expended for covered 
        outpatient drugs described in section 1927(d)(2)(K) (relating to 
        drugs when used for treatment of sexual or erectile 
        dysfunction).''.

    (c) Clarification of No Effect on Determination of Base 
Expenditures.--Section 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C. 
1396v(c)(3)(B)(ii)(II)) <<NOTE: 42 USC 1396u-5.>> is amended by 
inserting ``, including drugs described in subparagraph (K) of section 
1927(d)(2)'' after ``1860D-2(e)''.

    (d) Effective Date.--The <<NOTE: 42 USC 1396b note.>> amendments 
made by this section shall apply to drugs dispensed on or after January 
1, 2006.

              TITLE II--ASSISTANCE RELATING TO UNEMPLOYMENT

SEC. 201. SPECIAL TRANSFER IN FISCAL YEAR 2006.

    Section 903 of the Social Security Act (42 U.S.C. 1103) is amended 
by adding at the end the following:
    ``(e) Special <<NOTE: Deadline.>> Transfer in Fiscal Year 2006.--Not 
later than 10 days after the date of the enactment of this subsection, 
the Secretary of the Treasury shall transfer from the Federal 
unemployment account--
            ``(1) $15,000,000 to the account of Alabama in the 
        Unemployment Trust Fund;
            ``(2) $400,000,000 to the account of Louisiana in the 
        Unemployment Trust Fund; and
            ``(3) $85,000,000 to the account of Mississippi in the 
        Unemployment Trust Fund.''.

SEC. 202. FLEXIBILITY IN UNEMPLOYMENT COMPENSATION ADMINISTRATION TO 
            ADDRESS HURRICANE KATRINA.

    Notwithstanding any provision of section 302(a) or 303(a)(8) of the 
Social Security Act, any State may, on or after August 28, 2005, use any 
amounts received by such State pursuant to title III of the Social 
Security Act to assist in the administration of claims for compensation 
on behalf of any other State if a major disaster was declared with 
respect to such other State or any area within such other State under 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act by 
reason of Hurricane Katrina.

[[Page 119 STAT. 2094]]

SEC. 203. <<NOTE: 42 USC 1103 note.>> REGULATIONS.

    The Secretary of Labor may prescribe any operating instructions or 
regulations necessary to carry out this title and any amendment made by 
this title.

    Approved October 20, 2005.

LEGISLATIVE HISTORY--H.R. 3971:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 151 (2005):
            Oct. 6, considered and passed House.
            Oct. 7, considered and passed Senate, amended.
            Oct. 19, House concurred in Senate amendment with 
                amendments, pursuant to H. Res. 501. Senate concurred in 
                House amendments.

                                  <all>
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